Pine Hill City Zoning Code
ARTICLE XIA
Sexually Oriented Businesses
§ 23-11A.1 Statement of Policy.
[Ord. No. 98-639 § 1]
These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Borough of Pine Hill in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Borough of Pine Hill and of the State of New Jersey, while maintaining the quality and character of the Borough and deterring the growth and spread of blight and crime, especially prostitution, sexual offenses, public indecencies and related offenses. It is recognized there are some uses commonly known as "adult uses" which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when such uses are located near residential areas or in other inappropriate locations, or without sufficient showing that such uses in a specified location will comply with conditions and standards for location and operation of such uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to insure that adverse effects will not contribute to the blighting or downgrading of the Borough of Pine Hill. In no manner is the fact that the Borough of Pine Hill regulates any or all of the adult uses described herein, or prohibits or allows them in any respect, to be construed as approval of, or condoning such uses.
§ 23-11A.2 Definitions.
[Ord. No. 98-639 § 2]
ADULT BOOK STORE
Shall mean an establishment, from which minors are excluded, having a substantial or significant portion of its stock-in-trade, books, magazines, or other periodicals, films or other viewing material or sexual paraphernalia which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical areas" as defined herein, or an establishment in which a segment or section of the premises is diverted to the sale, rental, display or viewing of such material.
ADULT MINI MOTION PICTURE/LIVE ENTERTAINMENT THEATER
Shall mean an enclosed building with a capacity of less than 50 persons, from which minors are excluded, used for presenting material, films, movies, video or live shows, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein. This definition shall also apply to an enclosed building which contains any number of individual viewing booths not in excess of the maximum permitted by separate ordinance of the Borough of Pine Hill, in which a person may privately or individually view material, films, movies, videos or live shows distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.
PERSON
Shall mean any individual, proprietorship, partnership, corporation, association, or other legal entity.
SEXUALLY ORIENTED BUSINESS
Shall have the meaning as set forth in N.J.S.A. 2C:33-12.2A(1) and N.J.S.A. 2C:34-6a.
SPECIFIED ANATOMICAL AREA
Shall have the meaning set forth in N.J.S.A. 2C:33-12.2A(3) and N.J.S.A. 2C:34-6c.
SPECIFIED SEXUAL ACTIVITY
Shall have the meaning set forth in N.J.S.A. 2C:33-12.2A(4) and N.J.S.A. 2C:34-6d.
§ 23-11A.3 Restrictions on Location.
[Ord. No. 98-639 § 3]
a.
No person shall operate an adult bookstore, similar adult use or a sexually oriented business within 1,000 feet of an existing adult bookstore, similar adult use or sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or county playground or place of public resort and recreation, or within 1,000 feet of any area zoned for residential use or within 1,000 feet of any premise licensed for the sale or distribution of alcoholic beverages. The foregoing distance limitation shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult bookstore, adult use or sexually oriented business is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and such uses, district boundary lines and dimensions shall be indicated on a submitted plan by the person making an application for license to conduct such adult use.
b.
Such adult use must be located in a freestanding building which will include a buffer zone to separate it from all other businesses, said perimeter buffer being at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
c.
Off-street parking shall be provided at the ratio required pursuant to the Borough of Pine Hill Zoning and Land Use and Development Ordinances.
d.
Any sign shall meet the requirements specified for retail/commercial businesses in the Borough of Pine Hill Zoning and Land Use and Development Ordinances, however, no "specified anatomical areas" or "specified sexual activity" shall be shown, described or displayed on any sign, advertisement or exhibit that is visible from the outside of the building premises.
e.
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
f.
The interior of any building in which an adult use is located shall be adequately lighted and ventilated and shall be constructed so that every portion thereof is readily visible without obstruction to the Clerk or other person in charge of the building from the counter, booth, cash register or other place where such Clerk or employee is normally situated.
g.
All applicable BOCA Code requirements, applicable health, safety and welfare ordinance requirement and other applicable Zoning and Land Use and Development Ordinance requirements shall be satisfied by the applicant.
§ 23-11A.4 Licensing of Adult Book Stores, Similar Adult Uses and Sexually Oriented Businesses.
[Ord. No. 98-639 § 4]
a.
No person shall maintain, operate or conduct an adult use business as defined herein without having first obtained a license for such use.
b.
An application for such a license under this article shall be made to the Borough Clerk on forms to be supplied for this purpose and shall be subscribed and sworn to by the applicant. The application for the license shall contain the following:
1.
Name and address of the owner of the premises. The name and address of the applicant if different than the owner, i.e., lessee.
2.
Name under which the business is to be operated.
3.
Detailed description of the type of adult use business to be conducted on the premises.
4.
Hours of operation.
5.
Information indicating whether the applicant has ever been convicted or pleaded guilty to a crime relating to narcotics or a controlled dangerous substance as defined in the Statutes of the State of New Jersey, or a crime pertaining to gambling or gambling in violation of the Statutes of the State of New Jersey, or a crime involving moral turpitude.
6.
Plan showing distance from other uses/zoning as provided in Subsection 23-11A.3.
7.
In the case of an adult use which contains viewing booths, seats, coin operated machines or similar devices, a separate application shall be filed pursuant the Borough Ordinance "To License and Regulate Automatic Amusement Devices."[1]
[1]
Editor's Note: Licensing of amusement devices as codified in § 4-6 of the Revised General Ordinances of the Borough of Pine Hill.
8.
Every application for a license to engage in an adult use of the type governed by this article shall be filed at least 30 days prior to the date on which the operation is proposed to commence.
§ 23-11A.5 Additional Regulations Governing Adult Uses.
[Ord. No. 98-639 § 5]
Every licensee of an adult use as defined in this article shall comply with the following regulations as applicable:
a.
The licensed premises and all activities conducted therein shall in all respects comply with the laws of the State of New Jersey and the ordinances of the Borough of Pine Hill.
b.
No person under the age of 18 shall be admitted to any licensed premises at any time for any purpose. Licensee shall conspicuously post a sign giving notice of this regulation.
c.
The license to conduct said adult business shall be posted in a conspicuous place on the premises.
d.
The hours of operation for an adult use as defined in this article shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time on weekdays and Saturday. All licensed premises shall be closed on Sundays.
e.
No smoking is permitted in any adult mini motion picture/live entertainment theater at any time. No consumption of alcoholic beverages is permitted at any time in any adult use as defined in this article.
f.
No licensee shall cause or permit any premise licensed under this article to be operated in such a manner as to constitute a nuisance as defined in N.J.S.A. 2C:33-12, or as defined pursuant to the ordinances of the Borough of Pine Hill.
g.
All licensed premises with coin operated machine or machines or other similar type of devices shall only be permitted by issuance of a separate currently valid license by the Borough of Pine Hill pursuant to its ordinance "To License and Regulate Automatic Amusement Devices."[1]
[1]
Editor's Note: Licensing of amusement devices as codified in § 4-6 of the Revised General Ordinances of the Borough of Pine Hill.
h.
Any police officer, Uniform Construction Code or Subcode Official, any Zoning Officer, any Property Maintenance Officer, or similar authorized official of the Borough of Pine Hill shall be authorized to enter such licensed premises at any time for purposes of inspection and/or enforcement of the provisions of this ordinance and the laws of the State of New Jersey and the ordinance of the Borough of Pine Hill as applicable.
§ 23-11A.6 Fees.
[Ord. No. 98-639 § 6]
a.
The application fee for a license shall be $100.
b.
All adult bookstore, similar adult uses or sexually oriented businesses shall be required to pay an annual fee for the license of $100. The fee is in lieu of the mercantile license fee and represents the fair cost for administering the regulation of such adult uses.
§ 23-11A.7 License Term: Transferability: Renewal.
[Ord. No. 98-639 § 7]
a.
All licenses issued pursuant to this article shall be for a term of one year, commencing on January 1st and expiring on December 31st, of the year of issuance. License fee shall be pro rated for such use commencing less than one year from the date of January 1st.
b.
A license may not be transferred from one owner/applicant without the filing of an application by the new owner/applicant with the Borough pursuant to the requirements of this ordinance. There shall be a fee of $100 for all transfers.
c.
All licenses are required to be renewed annually by submission of the applicable fee as set forth in this article.
§ 23-11A.8 Approval or Disapproval of Application.
[Ord. No. 98-639 § 7]
a.
Upon receipt of an application for an adult use as described in this article, the governing body for the Borough of Pine Hill shall proceed to consider the application, and shall either approve or disapprove the issuance of a license to said applicant.
b.
The decision of the governing body for the Borough of Pine Hill in approving or disapproving this application shall be taken no later than the second regular meeting of the governing body following submission of the application and payment of the required fees by the applicant. A failure to take such action within such time by the governing body shall constitute an approval of the application. An application shall not be considered complete, and no action shall be taken thereon, until the license fee shall have been paid.
c.
If the application is approved, the governing body shall authorize the Borough Clerk to issue the necessary license. If the application is disapproved, the applicant shall be notified in writing of the disapproval and the reasons therefor. The applicant, upon being advised of the denial of his application, may within 10 days of denial, request in writing a hearing before the governing body, at which time the applicant shall be afforded an opportunity to dispute or disprove the reasons for said denial at the hearing provided. The applicant may be represented by an attorney at said hearing. The governing body shall either affirm or deny the application within 15 days after the date of the hearing unless there is an extension of time agreed to by both the applicant and the governing body.
§ 23-11A.9 Revocation of License.
[Ord. No. 98-639 § 8]
a.
At any time after the granting of a license under this article, the governing body for the Borough of Pine Hill in the exercise of its reasonable discretion, may revoke the license if it is determined a violation of any of the following has occurred.
1.
False or misrepresented information on the application furnished by the applicant.
2.
Failure to maintain premises in accordance with the laws of the State of New Jersey, or the ordinances of the Borough of Pine Hill.
3.
Violation of the article regulating adult uses.
4.
Such other valid causes as may be determined by the governing body.
Upon being advised of a revocation of a license, the licensee may request a hearing and be afforded an opportunity to dispute or disprove the reasons for said revocation at said hearing. The licensee shall request said hearing within 14 days of the notice of revocation. The licensee may be represented by an attorney at said hearing. The governing body shall either affirm or reverse its decision in revoking said license within 15 days of the date of said hearing, unless there is an extension of time agreed to by both the licensee and the governing body.
§ 23-11A.10 Applicability to Existing Adult Uses.
[Ord. No. 98-639 § 9]
This article shall not apply to existing adult uses, except for the following:
a.
Payment of annual fee for licensing an adult use.
b.
Posting of license and notice to minors.
c.
Compliance with the laws of the State of New Jersey, and the ordinance of the Borough of Pine Hill as relate to the BOCA Code, general health, safety and welfare regulations, and zoning and land use and development regulations, as applicable to the existing licensed premise/operation.
§ 23-11A.11 Penalty.
[Ord. No. 98-639 § 10]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction for such violation, be fined a sum not exceeding $1,000 or committed to the county jail for a term not exceeding 30 days, or both, at the discretion of the Court.
§ 23-11A.12 Separate Violations.
[Ord. No. 98-639 § 11]
Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
